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Evidence, Proof, and Fact-Finding in WTO Dispute Settlement$
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Michelle T. Grando

Print publication date: 2009

Print ISBN-13: 9780199572649

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199572649.001.0001

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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
Evidence, Proof, and Fact-Finding in WTO Dispute Settlement
Author(s):

Michelle T Grando

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199572649.003.0000

This introductory chapter begins with a brief discussion of how the evolution and increased sophistication of the WTO legal system has resulted in more complex disputes requiring the resolution of complex factual questions. It then considers how panels and the Appellate Body have failed to provide clear guidance on how the process of fact-finding in WTO dispute settlement functions, including with respect to issues such as the allocation of the burden of proof — which can be determinative of the outcome of a case. An overview of the subsequent chapters is presented.

Keywords:   WTO, dispute settlement, trade disputes

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